Sunday, February 21, 2010

[rti_india] Re: RTI appeal


Dear Arun /Amitabh,

Per section 12(1) the CIC consists of a "body". If you are not satisfied with the decision of a "single" Commissioner (incl the single Chief) you can apply for an appeal/review u/s 19(9) by the entire "body" citing the usual "review" grounds of CPC (see CIC decisions on website). The Calcutta High Court held that a single member SIC is untenable in law. (NB: the Act uses the terms appeal and review interchangeably such as at 7.3.b)

This decision was expected in my case in Delhi High Court, unfortunately Mr Habibullah is well known to the concerned Judge and the order has been obviously reserved till Mr Habibullah demits his office - as a personal favour to him.

The decision of the CIC is outside the ORDINARY jurisdiction of courts (by section 23). Hence invocation of Extraordinary Writ jurisdiction is the further remedy.


--- In, arun agrawal <arun_agrawal@...> wrote:
> Dear Sir :
> In response to your query :
> 1. The answer is no. All the Information Commissioners are at par with the Chief, so their orders can only be challenged in the respective High Courts .
> 2. As in No.1 above
> 3. Orders of ICs/Chief ICs are to be challenged in the respective State High Courts only .
> 4. I am not aware of this .
> 5. High Courts have all the powers as they usually have in other acts .
> Trust this is helpful .
> Dr Arun Agrawal
> ________________________________
> From: Amitabh Thakur <amitabhth@...>
> To: RTI <>
> Sent: Sat, 20 February, 2010 23:04:47
> Subject: [rti_india] RTI appeal
> Friends,
> I want to raise a few queries before you as regards the provisions of the RTI
> Act-
> 1. Can the decision of a State Information Commissioner (or Central Information
> Commissioner) be challenged before the respective Chief Information
> Commissioner?
> 2. If yes, under which provisions of the Act?
> 3. If no, then in what ways can an order/ decision of a State Information Commissioner
> (or Central Information Commissioner) be challenged ?
> 4. What are the provisions of law (including that in the RTI Act) under which
> order/ decision of the Information Commission (or Commissioner) can be
> challenged?
> 5. What are the powers of the High Court in this regard other than the usual
> writ-provisions?
> Amitabh Thakur
> Currently at IIM Lucknow
> # 94155-34526



No comments:

Post a Comment